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(영문) 광주지방법원 2016.07.20 2015고단3694

전자금융거래법위반등

Text

1. Defendant A shall be sentenced to four months of imprisonment, and Defendant B shall be sentenced to a fine of 5,00,000 won.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

Defendant

A is a person who operates a private transshipment suit called "E" in Da 601, China, and Defendant B plays the role of delivering the cash withdrawn through a large passbook in Korea under the direction of Defendant A.

1. On March 2014, Defendant A acquired the cash card and official certificate of the bank account in the name of the Agricultural Cooperative (I) in the name of the Songpa-gu Seoul Special Metropolitan City Flaps and the cash card connected thereto, and the disposable password creation (OPT) through Defendant B, who is an employee of Defendant A, for the purpose of using it for the non-registered private exchange business in China, as well as the acquisition of electronic financial transactions media, such as the cash card and official certificate in the name of the third party from December 2010 to March 2014, 310 to March 2014, including the acquisition of the bank account in the name of the third party, the cash card and the one-time password creation (OPT).

2. Defendant B borrowed the cash card and password of the bank account in the name of Songpa-gu Seoul Special Metropolitan City F3rd Studio 302 from the date of April 2014 and borrowed 17-friendly cash cards and passwords as shown in the attached Table 3 attached hereto for the purpose of using them for the non-registered private exchange business operated by Defendant B in the Chinese land.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Application of a seizure protocol (B), investigation report (related to suspect BKakao Stockholm dialogue), investigation report (related to suspect A specific-related party) statute

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act;

B. Defendant B: Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act

1. Commercial concurrent defendants: Articles 40 and 50 of each Criminal Code (the date and time of the same crime).